Judge Denies New Motion in the Disney vs. DeSantis Lawsuit

The Disney vs. DeSantis battle continues. And now the judge just struck down an important motion.

Disney vs. Desantis

By now most people are aware of the ongoing legal turmoil brewing between Florida Governor Ron DeSantis and Dinsey. Now, since Disney and DeSantis are involved in MULTIPLE lawsuits, three to be exact, it is important to note that the federal lawsuit Disney waged against DeSantis is the one we are referencing today.

If you need to catch up on what is going on, here is some reading material for you. Disney sued DeSantis in federal court with claims that DeSantis is punishing the Walt Disney Company for practicing free speech. You can get up to speed on the federal case HERE, the state CFTOD HERE, and the Countersuit HERE.

The New Motion

Disney made a motion to amend its April 22, 2023 complaint against defendant Ron DeSantis. It seems as if Disney’s goal in filing this amendment is to avoid overlap in contractual claims between this federal case and the state case the CFTOD has brought against Disney.

Now, Disney is trying to streamline the federal case so that it only addresses the constitutional issue of Disney’s First Amendment challenge to the retaliatory reconstitution of the Reedy Creek Improvement District. The amendment seeks to withdraw the issues being addressed in lower courts.

Motion Denied

Judge Allen Winsor almost immediately stuck the motion down. Has a quicker decision ever been reached in court?

Windsor’s order states, “Plaintiff’s motion to amend is DENIED without prejudice because it does not comply with Local Rule 7.1(C), which requires a certificate confirming compliance with Rule 7.1(B)’s attorney-conference requirement.”

Judge Windsor DENIED Disney’s Motion almost immediately.

However, Disney still has a chance to fight for the motion. The order goes on to say, “Plaintiff may refile the motion after conferring with Defendants and otherwise complying with the Local Rules.” So perhaps the judge will consider this motion to amend if proper protocol is followed. Additionally, the motion to amend is unnecessary if the defendants agree to it during the conversation.

It does not seem highly likely that DeSantis and others named in the suit will happily agree to any Disney-initiated motion. However, since DeSantis did claim he has moved on from the battle with Disney, perhaps an agreement can be reached here. Of course, if the defendants say “no,” then Disney will have to file a new motion and await another decision from Windsor.

Do you think that DeSantis’s legal team will agree to the proposed amendment? Or, do you think Disney will have to refile the motion after discussing it with the defendants? Let us know in the comments. And, feel free to share the story with others.